Tenant Nitpick and short pay rent

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    Tenant Nitpick and short pay rent

    Hello everyone,
    Got myself stuck in a situation where the tenant is into their 6 month lease and began nitpicking on the flat.
    When the reasons got refuted, she decided to take matters into her own hands and short pay rent which I do not
    agree to. I have sent her a letter of rent arrears plus the schedule of rent arrears for the amount short last month.
    What else can I do ? Do I have to wait for the rent arrears to amount to 2 months before issuing Section 8 ?
    Anyone else had this situation before ?

    #2
    Yeah, happens all the time. You don't have to wait for the two months arrears before a section 8 on grounds 10 & 11. Might just shock your tenant into paying up.

    However, the clincher is the s21 at the four month point.

    What are they moaning about?

    Comment


      #3
      Example of a nit-pick please

      Step 1: Ask them to provide a written account of their reasons for refusal
      Step 2: Letter before claim + repeated well documented posting of records of arrears
      Step 3: Moneyclaim online

      Comment


        #4
        When you say nitpick, what exactly are the reasons she's stating?

        When exactly did the AST start?and please confirm it was for 6 months?

        Was everything in order at beginning of tenancy I.e deposit protected within 30 days, gas cert, right to rent etc etc?

        Comment


          #5
          Thank you for your comments and replies. Much appreciated.
          She wanted me to do a EDF report saying that her bills are too high but I am not the account holder so I explained that it won't be down to me to call for a EDF report.
          The tenancy started last Dec and this is the 6th month. I have sent the letter of rent arrears and schedule of rent arrears.
          I want to know what else can I do to get my full rent else to serve notice.

          Comment


            #6
            It is a 12 month tenancy starting on in Dec 2017 and we are into the 6th month. Everything is in order and the bond agreement is with the council so no deposit in depository.

            Comment


              #7
              Don't think she is internet savvy and money claim online is too complicated for her.

              Comment


                #8
                JK0,

                Main gripe is the electricity bills which she wanted me to do an EDF report for her ?

                Comment


                  #9
                  Originally posted by cupcakeli2717 View Post
                  It is a 12 month tenancy starting on in Dec 2017 and we are into the 6th month. Everything is in order and the bond agreement is with the council so no deposit in depository.
                  OMG.

                  Why do people take these schemes, in view of all we say here on Landlordzone?

                  I'm afraid you are scr*wed.

                  Comment


                    #10
                    I signed an AST with her so will be able to evict with section 8 as well.

                    Comment


                      #11
                      Originally posted by cupcakeli2717 View Post
                      Don't think she is internet savvy and money claim online is too complicated for her.
                      I think you misunderstand, money claim on line was suggested for you to do to claim for the arears.
                      Makes no difference whether the tenant is internet savvy.

                      Everything is in order and the bond agreement is with the council so no deposit in depository.
                      As per JKO, OMG.

                      Comment


                        #12
                        She asked for a EDF report as she thinks that her bills are too high. I said that I am not the account holder so EDF won't speak to me.

                        Comment


                          #13
                          I would simply point out to the tenant that they are not able to short pay rent without your agreement (which will not be forthcoming).
                          They should pay the shortfall with immediate effect.
                          You will deduct the amount owed from the next month's rent payment, and, if it is not paid, the shortfall from that rent will be collected from the next month's payment etc.

                          If there are arrears at the end of the fixed term, you reserve the right to serve notice, confirm to the local authority the reason for this - as the tenant will be deliberately making themselves homeless, and deduct the arrears from the council bond.

                          In that way (don't put this in the communication with the tenant), the arrears simply roll forward so you can deduct them from the deposit at the end of the tenancy.

                          Because the tenant didn't pay a deposit, the council (i.e. we) did, they might regard that as free money awaiting their use - so I'd be tempted to ask the council how to make a claim against it now.
                          Last edited by jpkeates; 12-06-2017, 09:53 AM. Reason: hopefully more clear
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            Didn't I read in a previous poster's thread that the bond 'expired' after six months for a twelve month tenancy? What a joke eh? Not much chance of the council ever having to pay out on that!

                            Comment


                              #15
                              JK0,

                              It is a 12 month lease and we are into the 6 month.

                              Comment

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